BILL NUMBER: SB 428INTRODUCED BILL TEXT INTRODUCED BY Senator Anderson FEBRUARY 21, 2013 An act to amend Section 190.6 of the Penal Code, relating to capital crimes. LEGISLATIVE COUNSEL'S DIGEST SB 428, as introduced, Anderson. Capital crimes: expeditious imposition of sentence. Existing law states that the Legislature finds that the sentence in all capital cases should be imposed expeditiously. Existing law generally requires that the opening appellate brief to the Supreme Court be filed no later than 7 months after certification of the trial record for completeness in all cases in which the sentence of death has been imposed. Existing law states that it is the Legislature's goal that the appeal be decided and an opinion reaching the merits be filed within 210 days of the completion of that briefing. Existing law states that the failure to comply with these time limits shall not be a ground for granting relief from a judgment of conviction or sentence of death. This bill would make technical, nonsubstantive changes to these provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 190.6 of the Penal Code is amended to read: 190.6. (a) The Legislature finds that the sentence in all capital cases should be imposed expeditiously. (b) Therefore, in all cases in which a sentence of death has been imposed on or after January 1, 1997, the opening appellate brief in the appeal to the State Supreme Court shall be filed no later than seven months after the certification of the record for completeness under subdivision (d) of Section 190.8 or receipt by the appellant's counsel of the completed record, whichever is later, except for good cause. However, in those cases where the trial transcript exceeds 10,000 pages, the briefing shall be completed within the time limits and pursuant to the procedures set by the rules of court adopted by the Judicial Council. (c) In all cases in which a sentence of death has been imposed on or after January 1, 1997, it is the Legislature's goal that the appeal be decided and an opinion reaching the merits be filed within 210 days of the completion of the briefing. However, where the appeal and a petition for writ of habeas corpus is heard at the same time, the petition should be decided and an opinion reaching the merits should be filed within 210 days of the completion of the briefing for the petition. (d) The failure of the parties or the Supreme Court to meet or comply with the time limit provided by this sectionshallis notbea ground for granting relief from a judgment of conviction or sentence of death.